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Apr 24, 2013
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. >> and evidently that is not going to be done because there has been read the miranda rights. so he is going to clam up now. martha: i want to follow-up with you on this department of national intelligence and how they're doing with pulling everybody together to talk. senator, thank you. we'll talk again i hope soon. thank you, sir. >> thank you. bill: on that same note, martha, the boston bombing suspect has lawyered up. three public defenders appointed to dzhokar in his hospital room already. we'll talk with one of the former colleagues that prosecuted the shoe-bomber in that same city. high-profile case next. martha: a totally different story. a 12-year-old girl was kicked out of school for supporting her military dad. >> i will not make a change. she is standing her ground. as her mother and as a military wife i support my child. >> he says he is very proud of me for standing up for what i believe in and he can't wait to see me again. martha: a young girl from tennessee is grabbing national attention. she was kicked out of school for supporting her military dad. cj taylor
. >> and evidently that is not going to be done because there has been read the miranda rights. so he is going to clam up now. martha: i want to follow-up with you on this department of national intelligence and how they're doing with pulling everybody together to talk. senator, thank you. we'll talk again i hope soon. thank you, sir. >> thank you. bill: on that same note, martha, the boston bombing suspect has lawyered up. three public defenders appointed to dzhokar in his hospital...
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Apr 24, 2013
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you would not have mirandaized this kid as soon as they did. >> right. i think you're entitled for at least a certain period of time to determine whether he's an enemy combatant or not and we haven't gotten to the bottom of that. really their investigation has just started. we don't know what support network he had. if he fits into the category of the enemy that congress has defined in authorizing military force, he's an enemy combatant and can be detained indefinitely. >> steve: you probably would have said let's call him an enemy combatant and then down the road, haul him into criminal court? >> yeah. i would mute my criticism of the administration in that regard. theres no current legal authority to try him any place other than civilian court. you can't try an american citizen by military commission. so he had to go to civilian court anyhow. >> steve: in the first world trade center bombing, the blind sheik was held responsible for that. but he's alive. he didn't wind up with the death penalty because on a federal level, it didn't exist back then. >>
you would not have mirandaized this kid as soon as they did. >> right. i think you're entitled for at least a certain period of time to determine whether he's an enemy combatant or not and we haven't gotten to the bottom of that. really their investigation has just started. we don't know what support network he had. if he fits into the category of the enemy that congress has defined in authorizing military force, he's an enemy combatant and can be detained indefinitely. >> steve:...
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Apr 24, 2013
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recovering from gunshot wounds and as investigators continue to swear gate him, a judge gave him his miranda right and now lawmakers fear this legal action unknowingly took the death center off the table. listen to what senators had to say on the senate floor earlier today. >> how do you get the death penalty when the only way you can get information out of the suspect is to go through his lawyer? you can't have this national security interrogation where there's no lawyer to get information to protect against a future tact tick that can't be used in the trial. don't you think the lawyer is going to say i'm not going to have my client talk to you unless you promise not to seek the death penalty? >> i would say that the senator from south carolina, i don't know how that was 'nibble this case. any defense lawyer, as they should to defend their client, there's no way they oill allow that individual who committed the terrorist attack in boston to speak to one investigator now if we get additional information, we have follow-up questions, without taking the death penalty off the table. >> so did t
recovering from gunshot wounds and as investigators continue to swear gate him, a judge gave him his miranda right and now lawmakers fear this legal action unknowingly took the death center off the table. listen to what senators had to say on the senate floor earlier today. >> how do you get the death penalty when the only way you can get information out of the suspect is to go through his lawyer? you can't have this national security interrogation where there's no lawyer to get...
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Apr 23, 2013
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i want to talk about miranda. suspect number 2. they read dzhokhar his miranda rights last night apparently bedside. while we talk about this will you pull up the picture of joe -- dzhokhar and the young boy who was killed. isn't this one of the most evil pictures you have seen. that boy is minutes away from being blown up by the bomb. the bomb placed at the feet of him. should she have read his miranda rights dick dick i still can't get over he is doing my segway. >> people coming into certain universities. that's true there is a hesitancy to jump on muslims as there is to jump on blacks. i mean, it's something that my side has condition the people to be very careful about that when i said something yesterday about student visas i will get into later in the show. i get jumped on my side. >> miranda bad idea or not. plenty of time to do it but they decided to do it last night. i'm assuming an correct me if i am wrong, you may know, this the department of justice pushed them to do that now. >> i would imagine. i give deference to th
i want to talk about miranda. suspect number 2. they read dzhokhar his miranda rights last night apparently bedside. while we talk about this will you pull up the picture of joe -- dzhokhar and the young boy who was killed. isn't this one of the most evil pictures you have seen. that boy is minutes away from being blown up by the bomb. the bomb placed at the feet of him. should she have read his miranda rights dick dick i still can't get over he is doing my segway. >> people coming into...
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Apr 23, 2013
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there is a lot of truth, wait waive to give miranda rights. defense attorneys will do that inevitablely in a case like this especially where it's going to be what he says. >> megyn: the obligation is to protect his client, not to protect us. you need to have somebody looking out for you. he did, he did some things right after the break when our panel continues. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge! >>. >> megyn: back mercedes and mark according to some reports, not independently confirmed he is claiming by writing out answers because he can't speak that well that his brother, his older brother wanted
there is a lot of truth, wait waive to give miranda rights. defense attorneys will do that inevitablely in a case like this especially where it's going to be what he says. >> megyn: the obligation is to protect his client, not to protect us. you need to have somebody looking out for you. he did, he did some things right after the break when our panel continues. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with...
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Apr 23, 2013
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jenna: please. >> i don't have a problem with miranda rights. this man can only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national security legal system where we can interview him without a lawyer to gather intelligence to prevent a future attack, rather than having to negotiate through his lawyer to get any information. jenna: but, if i could, senator, there seems to be a lot of discrepancy about some of the information come being out about this investigation. >> right. jenna: we've all seen it, you know, played out on the news and otherwise. i would like to drill down a little bit into an even change you just had about the boston terror attacks with the s*epbg o secretary of home land se
jenna: please. >> i don't have a problem with miranda rights. this man can only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national...
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Apr 23, 2013
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. ♪ pair bill: should they not have read his miranda rights to him yesterday if that is the case? do you leave the door of legal opportunity open a while longer. >> there are two separate issues. the public safety exception applies regardless of the type of offense that the government is investigating, and using the public safety exception is recognized by the united states supreme court. it's a lawful way of trying to get information in a very short window of time tinge le particularly when you're concerned about public safety issues as the investigators certainly were as a result of the horrific acts that the bombing suspects, the bombing defendants who are h are accused of. bill: this is a guy to lived here more than ten years. came here 2002 if memory serves. your case with richard reid he was far from an american citizen, he was far from even making a home here. what have we done in 12 years? make sure that the prosecutions can be successful? >> i would suggest that we should be using all the tools that both the united states supreme court has indicated are available in order
. ♪ pair bill: should they not have read his miranda rights to him yesterday if that is the case? do you leave the door of legal opportunity open a while longer. >> there are two separate issues. the public safety exception applies regardless of the type of offense that the government is investigating, and using the public safety exception is recognized by the united states supreme court. it's a lawful way of trying to get information in a very short window of time tinge le particularly...
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from dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he might end up suffering. from what i've read and what i've seen, he's clearly as culpable as his brother. the videos that they picked up, and the statements that he made to the driver of the suv, all would indicate that he was a willing participant in this crime, and also the fact that he fled from the scene would further indicate his willingness to participate in this crime. however, any influence that he might have suffered from his brother, his brother's influence on him, may again go to mitigate any penalty that might be imposed upon him. whether he ends up getting the death penalty or whether he ends up
from dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he...
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Apr 23, 2013
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he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as a home health care aide. while she was away, he was supposedly taking care of the three-year-old toddler. >>gretchen: she had totally changed who she was. many people allege she had been brain washed by this radical islam thought, that she was a christian before, and three years ago she decided to convert. but not only just convert; really get into the depths of it and change exactly who she was. we saw her there in the garb. people who knew her in high school said she was nothing like she was before. she dropped out of college. she had aspired to become somebody and decid
he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as...
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he was read his miranda rights from his hospital and he will have access to a lawyer. the 19-year-old has been described as cooperative during questioning. forced to write his answers or nod yes or no. he told officials he and his brother came up with the idea for the attacks on their own, finding internet resources to learn how to make bombs. he has been assigned three public defenders and could very well face the death penalty. a weekend search of dzhokhar's college dorm room turned up a black jacket, a white hat and similar to the one in the surveillance photos he was allegedly wearing. investigators also want to question tamerlan tsarnaev's wife. the couple initially met at a nightclub. she later converted to islam, dropped out of college and had a child with him. her attorney has said that she had no suspicions that her husband might be plotting an attack. hundreds of people stood in silence at copley square at 2:50 p.m. one week after the bombings. president obama marked the moment of silence from the white house. the u.s. senate held a similar tribute on capitol
he was read his miranda rights from his hospital and he will have access to a lawyer. the 19-year-old has been described as cooperative during questioning. forced to write his answers or nod yes or no. he told officials he and his brother came up with the idea for the attacks on their own, finding internet resources to learn how to make bombs. he has been assigned three public defenders and could very well face the death penalty. a weekend search of dzhokhar's college dorm room turned up a...
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courts for that purpose. >> so you just mentioned miranda. so the other thing, the big thing that happened today there are two remarkable events today. there was the filing of the criminal complaint, which i was waving around, and they released a suspect of a procedural hearing that happened actually at the bedside in the hospital with a federal magistrate who was brought in. that federal magistrate informed dzhokhar tsarnaev, the 19-year-old suspect, of his rights to counsel, and there was actually defense counsel present. my question to you is he was apprehended friday night. he has been in and out of consciousness as far as we can tell. he has a throat wound, so he is writing things down. the administration has made use of a public safety exception in not reading him his rights. and i want to read from a memo in 2010 that went out to the fbi from the justice department that says there may be exceptional cases in which although all relevant public safety questions have been asked, are there other plots, other bombs, et cetera, agents noneth
courts for that purpose. >> so you just mentioned miranda. so the other thing, the big thing that happened today there are two remarkable events today. there was the filing of the criminal complaint, which i was waving around, and they released a suspect of a procedural hearing that happened actually at the bedside in the hospital with a federal magistrate who was brought in. that federal magistrate informed dzhokhar tsarnaev, the 19-year-old suspect, of his rights to counsel, and there...
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not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in the meantime before you offer miranda rights, get some of america's best interrogators in there and you find out what this guy knows. is he connected to a larger cell? are there pending attacks? are there foreign links? where did the training come from? how did you learn to make the bombs? basic simple questions this we need to know because the safety and security of the american people in this case i think are paramount. >> sean, do you know who gave him his miranda rights? >> i don't know exactly who but we were told he was. >> a federal judge, a magistrate
not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in...
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life he's also facing a fine of up to two hundred fifty thousand dollars we do know of course that his miranda rights were presented to him his right to remain silence as well as his right to an attorney throughout this brief encounter with the judge it we do know that mostly her knife was. not even off the mission of hearing what he was being told he only spoke once when asked whether or not he is able to afford a lawyer and he said no so legal counsel is going to be presented to him for free now what we have going on now is a period of voluntary detention without bail and probable cause hearing for now has been scheduled for may thirtieth it's important to note that earlier there was a lot of discussion surrounding the possibility of trying as a as an enemy competent this is something that certain republican lawmakers in the united states were rooting for this is not been the case of course we're talking about a u.s. citizen who became a u.s. citizen last year on september eleventh and has been living in the united states for over a decade since two thousand and two so the enemy combat compe
life he's also facing a fine of up to two hundred fifty thousand dollars we do know of course that his miranda rights were presented to him his right to remain silence as well as his right to an attorney throughout this brief encounter with the judge it we do know that mostly her knife was. not even off the mission of hearing what he was being told he only spoke once when asked whether or not he is able to afford a lawyer and he said no so legal counsel is going to be presented to him for free...
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Apr 23, 2013
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i don't care if you read people miranda rights. i just don't want you to shut down the intelligence-gathering process. that individual was never designated an enassembly combatant. only way he agreed to cooperate is f.b.i. flew to his family i and his parents convinced him. times square bomber, the times square bombing incident, he had pakistan/taliban ties. read miranda rights, never designated enemy combatant. we never terroristed him for intelligence gathering purposes. osama bin laden's soim, abu gazey is in the federal system today and read miranda rights. never designated enemy combatant. can you imagine what osama bin laden's son-in-law could tell us about the terrorist organizations? he was the spokesman for al qaeda after 9/11. so there's a disturbing pattern here, quite frankly, of not gathering intelligence when that opportunity exists. thank you very much. i have to go. i will get a pen and pad and go next door to answer any questions if you have about the f.b.i. and, again, we're going to absorb a moment of silence her
i don't care if you read people miranda rights. i just don't want you to shut down the intelligence-gathering process. that individual was never designated an enassembly combatant. only way he agreed to cooperate is f.b.i. flew to his family i and his parents convinced him. times square bomber, the times square bombing incident, he had pakistan/taliban ties. read miranda rights, never designated enemy combatant. we never terroristed him for intelligence gathering purposes. osama bin laden's...
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this is really the latest surrounding him right now we're not sure exactly whether or not he was his miranda rights were read to him that was been causing lots of debate earlier but certainly the charges have been brought to the case goes from here and as i had mentioned earlier on a stock to a lot of people are not happy with the fact that the white house thought that he will be charged in civilian court senator lindsey graham and others talked about treating. as an enemy combatant in order to gain information from him. when the public safety exception is stars and well here's this man in my view should be designated as a potential enemy combatant. but then he went on to say that he wants a federal trial in the u.s. court with him tried as a u.s. citizen and senator graham says that joe is not eligible for military commission trials so how do these two trials kind of differ can you give us some insight. when they can certainly if there's been much debate surrounding the way the hearts of should be tried certainly a lot of mostly republican lawmakers were advocating for him to be true. it is
this is really the latest surrounding him right now we're not sure exactly whether or not he was his miranda rights were read to him that was been causing lots of debate earlier but certainly the charges have been brought to the case goes from here and as i had mentioned earlier on a stock to a lot of people are not happy with the fact that the white house thought that he will be charged in civilian court senator lindsey graham and others talked about treating. as an enemy combatant in order to...
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Apr 22, 2013
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so behavior mirandaizeing him the cops asked him where is the gun. before finding out asking if there were other bombs, beth i'm with you. but now they broadened it, besides asking about the becomes, ask him about other items. joe, it sounded like you were going to say one last thing on this. >> the last summation is in boston they've seen terror trials before, the richard reed trial. the shoe bomber, there was no miranda exception even then when there could and there was a direct link to an al-qaeda plot, and they ordered people to stay inside so they were confident that there was no explosive devices to begin with. i think it was a show of force by the federal government to let everybody know that they were doing everything they can short of torture, which is now illegal, to get information out of him. >> cenk: let me see if i can take this to the next level. peter king said he should be a combatant. >> i want the intelligence to save americans lives. and that's the only way to do that effectively if he's treated as enemy combatant. >> there is fin
so behavior mirandaizeing him the cops asked him where is the gun. before finding out asking if there were other bombs, beth i'm with you. but now they broadened it, besides asking about the becomes, ask him about other items. joe, it sounded like you were going to say one last thing on this. >> the last summation is in boston they've seen terror trials before, the richard reed trial. the shoe bomber, there was no miranda exception even then when there could and there was a direct link to...
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miranda rights read. so he may well cooperate and this may well all have a happy ending and i hope it does and i hope everything works out just fine. there is at least a chance that some information will be lost because of this and it seems to me that when you have an attack of this kind related to muslim extremism as this plainly is especially in the case of the older brother perhaps in the case of this young man as well that intelligence is critical and ought to be a priority. >> bret: yuan, we don't know what if anything he has told investigators up until he was read his miranda rights. that's what we don't know. he is clearly not speaking because of the injury. but, your thoughts? >> i was going to make the point that you made, which is that we don't know what he said before he was read his miranda rights. and it would indicate from the fact that he is nodding that maybe he wasn't able to speak. maybe, i don't know but that's my assumption based on the transcript. i will say i don't think the presiden
miranda rights read. so he may well cooperate and this may well all have a happy ending and i hope it does and i hope everything works out just fine. there is at least a chance that some information will be lost because of this and it seems to me that when you have an attack of this kind related to muslim extremism as this plainly is especially in the case of the older brother perhaps in the case of this young man as well that intelligence is critical and ought to be a priority. >> bret:...
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this is really the latest surrounding him right now we're not sure exactly whether or not he was his miranda rights were read to him that was been causing lots of debate earlier but certainly the charges have been brought to the case goes from here and as i had mentioned earlier on a stock to a lot of people are not happy with the fact that the white house thought that he will be charged in civilian court senator lindsey graham and others talked about treating. as an enemy combatant in order to gain information from him. when the public safety exception expires and well here's this man in my view should be designated as a potential enemy combatant. but then he went on to say that he wants a federal trial in the u.s. court with him tried as a u.s. citizen and senator graham says that joe is not eligible for military commission trials so how do these two trials kind of differ can you give us some insight. when they can certainly if there's been much debate surrounding the way the hearts of should be tried certainly a lot of mostly republican lawmakers were advocating for him to be try. as an e
this is really the latest surrounding him right now we're not sure exactly whether or not he was his miranda rights were read to him that was been causing lots of debate earlier but certainly the charges have been brought to the case goes from here and as i had mentioned earlier on a stock to a lot of people are not happy with the fact that the white house thought that he will be charged in civilian court senator lindsey graham and others talked about treating. as an enemy combatant in order to...
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Apr 22, 2013
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but once the question foeiing fs to some other area, they run afoul of miranda. at this point it looks like the case is a pretty well put together case. >> pretty cut and dried. do you think he's going to try to make a deal with the government to get out of the death penalty. >> i think he's going to -- >> it's certainly a possibility. i mean, right now he's eligible for death. the way the complaint reads, it is a death penalty offense. if the justice department decides to pursue death, the only way he's going to get out of that is either through some sort of mental health defense or through cooperation with the government where if he can reveal information that could be of assistance in prosecuting others or uncovering other plots, they may be willing to bargain for life in prison. >> yeah. i don't -- >> jay? >> i think just real quickly, i think that they're going to ask the families of the decreased and the people that got maimed. they're going to -- families of the deceased and people that got maimed and ask them what their opinion is. i think there's a good
but once the question foeiing fs to some other area, they run afoul of miranda. at this point it looks like the case is a pretty well put together case. >> pretty cut and dried. do you think he's going to try to make a deal with the government to get out of the death penalty. >> i think he's going to -- >> it's certainly a possibility. i mean, right now he's eligible for death. the way the complaint reads, it is a death penalty offense. if the justice department decides to...
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attorney we're not hearing any confirmation as of yet on the ground in terms of whether or not his miranda rights were read to him there is no information in terms of whether or not an attorney was actually present when these charges were revealed but of course now the investigators have to stylish was an american citizen his brother could have allegedly committed what went on here how those investigations progressing. well and kevin of the investigation is certainly now going to get into its most intricate stages now that is finally conscious again and they will going to be able to ask all of the questions that they have been building up over this last week we do know that a probable cause hearing has been scheduled for may thirtieth but basically what the investigation is now going to have to do is try to trace back their. steps in a sense because as we know back in two thousand and eleven according to a request from the russian government the f.b.i. did in fact look into the identity of the older brother twenty six year old to milan to try to establish whether or not he was connected to
attorney we're not hearing any confirmation as of yet on the ground in terms of whether or not his miranda rights were read to him there is no information in terms of whether or not an attorney was actually present when these charges were revealed but of course now the investigators have to stylish was an american citizen his brother could have allegedly committed what went on here how those investigations progressing. well and kevin of the investigation is certainly now going to get into its...
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nineteen year old dzhokhar and twenty six year old to milan and of course we have to note that the miranda rights officer naive have been revoked the rights of he has to remain silent as well as a right to a lawyer are being denied to him because officials are interested in being able to question him without being able to use this right and the fact that his miranda rights have been revoked is receiving major criticism throughout the united states and causing really a lot of debate between certain politicians and civil rights groups as we do know back in two thousand and eleven the f.b.i. did receive a request from a foreign government this is russia's government that said that they should look into the identity of the older brother the older suspect to milan and the f.b.i. did in fact bring to milan in for questioning but did come to a conclusion he is not dangerous and did end up freeing him and of course because the f.b.i. right now is being criticized for this they're going to trace their steps back look into what exactly they could have missed but also try to establish right now with
nineteen year old dzhokhar and twenty six year old to milan and of course we have to note that the miranda rights officer naive have been revoked the rights of he has to remain silent as well as a right to a lawyer are being denied to him because officials are interested in being able to question him without being able to use this right and the fact that his miranda rights have been revoked is receiving major criticism throughout the united states and causing really a lot of debate between...
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just to confirm, this -- dzhokhar tsarnaev has not yet been read his miranda rights, correct? >> i have to say i don't know. because there was an initial appearance today, that's why this complaint is out. the circuit executive, the administrator of this area, has put out a statement saying there was an initial appearance before a magistrate judge. that is as far as i understand it an arraignment. i have never heard of an arraignment without an attorney present. they didn't mention an attorney present. if an attorney is present, the attorney will simply say to the client, you -- don't answer questions. at that point, the attorney is the person the prosecutor is supposed to deal with. i have to say, there is information out there that we don't have. whether an attorney was present, whether this was an actual arraignment, i think we just need to hold off on that until we get more information. >> we're holding off. still so early this all happened. >> before we let deb feyerick go and chase down that lead she was referring to, deb, i was wondering, is there anything else that sta
just to confirm, this -- dzhokhar tsarnaev has not yet been read his miranda rights, correct? >> i have to say i don't know. because there was an initial appearance today, that's why this complaint is out. the circuit executive, the administrator of this area, has put out a statement saying there was an initial appearance before a magistrate judge. that is as far as i understand it an arraignment. i have never heard of an arraignment without an attorney present. they didn't mention an...
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Apr 22, 2013
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miranda is not a huge obstacle to get people cooperate. typically they realize once they are caught that they have to cooperate in order to make things better for themselves. the idea that miranda presents some huge obstacle to gain cooperation is not true, number one. number two, there are many avenues and many tools that the f.b.i. to have conduct investigations. >> megyn: here is the concern. what if he lawyers up. what if he lawyers up and then refused to answer any more questions before we gotten everything we need to know. we want to follow up and you know as well as i do, lawyers will tell him, keep your mouth shut. >> actually david who ran the national security division that the opposite was true. often having the attorney involved makes it easier to explain to the defendant why it is in his interests to cooperate. i don't think that is necessarily true. certainly, the f.b.i. has broad authorities especially a case like thishere we know heinous act has happened to use various tools. there are often many ways to get information. >>
miranda is not a huge obstacle to get people cooperate. typically they realize once they are caught that they have to cooperate in order to make things better for themselves. the idea that miranda presents some huge obstacle to gain cooperation is not true, number one. number two, there are many avenues and many tools that the f.b.i. to have conduct investigations. >> megyn: here is the concern. what if he lawyers up. what if he lawyers up and then refused to answer any more questions...
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Apr 22, 2013
04/13
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authorities decided to withhold reading his miranda rights. as time passes, does the justification for this wear off and in your opinion does the u.s. and investigators stand to regret that? >> they will regret it i think. a, there was never a basis for the public safety exception because when they announced it, the police announced there was no public safety danger. they arrested everybody. didn't think there was a risk to the public. why will they come to regret it? they think the case will be made based on videotapes and civil evidence. there are two elements to every crime. that is the crime itself which they have no problem proving and the intention. now, in order to get the death penalty, they have to prove a terrorist intention. in order to do that, they may get the information from him without having mirandized him and that information may get kept out of a trial. they may have blown the death penalty by not giving him his miranda warnings. >> we talk about public exception, the questioning is limited in scope. do you think there's pot
authorities decided to withhold reading his miranda rights. as time passes, does the justification for this wear off and in your opinion does the u.s. and investigators stand to regret that? >> they will regret it i think. a, there was never a basis for the public safety exception because when they announced it, the police announced there was no public safety danger. they arrested everybody. didn't think there was a risk to the public. why will they come to regret it? they think the case...
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nineteen year old dzhokhar and twenty six year old to milan and of course we have to note that the miranda rights officer and i have have been revoked the rights of he has to remain silent as well as the rights to a lawyer are being deny to him because officials are interested in being able to question him without being able to use this right and the fact that his miranda rights have been revoked is receiving major criticism throughout the united states and causing really a lot of debate between certain politicians and civil rights groups also it's important to mention that republican lawmakers in the united states have been suggesting that to be treated as an enemy competent this is also been a topic of much debate because we are of course talking about a u.s. citizen as we do know back in two thousand and eleven they did receive a request from a foreign government this is russia's government that said that they should look into the identity of the older brother the older suspect to milan back that he was twenty four years. hold and the f.b.i. did receive recommendations that they investi
nineteen year old dzhokhar and twenty six year old to milan and of course we have to note that the miranda rights officer and i have have been revoked the rights of he has to remain silent as well as the rights to a lawyer are being deny to him because officials are interested in being able to question him without being able to use this right and the fact that his miranda rights have been revoked is receiving major criticism throughout the united states and causing really a lot of debate...
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Apr 22, 2013
04/13
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. >> the decision not to read miranda rights was made by the federal officials. this is a unique clause at the federal level that we've not experienced here. >> the mother of both suspects tells the "associated press" that the fbi spoke to her sons after the bomb exploded an continues to claim that the fbi monitored him back in 2011 during an interview. a moment of silence begins at 11:50 hour time. back to you. >> thank you. >>> students at the university of massachusetts were stushed to learn they -- were stunned to learn they knew one of the bombers. >> he's like, yeah, tragedies happen. >> they say he was on campus and say they were shocked when they saw his picture on tv after the explosion. coply square will remain closed for at least two more days. fbi agents scour the scene for evidence and debris from the bombing is cleared. officials say the square will not reopen until the fbi investigation is complete. >>> :7:-- 7:03. the as are in oakland getting ready to begin a series with the boston red sox. some plan to meet with air aaron -- with aaron hearn, th
. >> the decision not to read miranda rights was made by the federal officials. this is a unique clause at the federal level that we've not experienced here. >> the mother of both suspects tells the "associated press" that the fbi spoke to her sons after the bomb exploded an continues to claim that the fbi monitored him back in 2011 during an interview. a moment of silence begins at 11:50 hour time. back to you. >> thank you. >>> students at the university...
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Apr 22, 2013
04/13
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>> it sure does, because as you know, miranda rights are a bedrock constitutional principle. we all have the right to remain silent, t get an attorney and be advised of those rights. the public safety exemption is a very narrow exemption. there has to be an imminent threat to the public. it certainly seems less imminent. >> don't officials who say the terror is over, don't they kind of undercut that argument, and does it really matter in the end? >> this is certainly an argument that's going to be handed to this defendant's defense attorney when that time comes. there have been contradictory statements made that there is no public threat, there is no ticking bomb, thank goodness, apparently, based on what we know so far. so we're giving them an argument to use later. >> the issue is, the questioning that's permitted without miranda is very narrow in scope, correct? >> yes. it's about what the public threat is. it's not all of theasis and the background and the motive questions. >> that's what brings me to this issue that's percolating in washington now. there are some nationa
>> it sure does, because as you know, miranda rights are a bedrock constitutional principle. we all have the right to remain silent, t get an attorney and be advised of those rights. the public safety exemption is a very narrow exemption. there has to be an imminent threat to the public. it certainly seems less imminent. >> don't officials who say the terror is over, don't they kind of undercut that argument, and does it really matter in the end? >> this is certainly an...
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Apr 22, 2013
04/13
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bill: are you okay with him not being read his miranda rights? >> i am. at this point i think it's perfectly fine. again i don't think it matters under what exception. you can always mirandize this individual, but the important thing is that get the information now. bill: i have not heard a lot of people disagree with that. >> think about the opposite what if they had read him the miranda rights and what if he had clammed up and what if there, god forbid been another attack that we could have seen coming if we had questioned the guy. just think of the conversation if there was a second attack that we could have prevented because we let the guy clam up. bill: this particular decision was broadened two years and and changed by executive order. that is something the president put in action in case you would have an event like this. that you could possibly have active, ongoing terror attacks or threats of terror attacks that could endanger the safety of the public. >> that's why i think he's done the right thing by not giving him the ability to be quiet. we n
bill: are you okay with him not being read his miranda rights? >> i am. at this point i think it's perfectly fine. again i don't think it matters under what exception. you can always mirandize this individual, but the important thing is that get the information now. bill: i have not heard a lot of people disagree with that. >> think about the opposite what if they had read him the miranda rights and what if he had clammed up and what if there, god forbid been another attack that we...
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Apr 22, 2013
04/13
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CURRENT
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they didn't give a miranda warning so the aclu is shouting about that. and of course, well-known southern bell lindsey graham, why isn't he being treated as an enemy combatant? that one to me -- >> what about benghazi? >> shut up. >> stephanie: i'll always have benghazi. it is my terror. no. >> i would never go thirsty again. i'll have another mint julep thank you. >> stephanie: the legal expert i heard this weekend said this is a nonstarter to treat him as enemy combatants. did he a crime on u.s. soil. >> peter king said this. >> i believe -- should be portrayed as enemy combatants. senator mccain, senator graham, senator ayotte, there are so many questions unanswered so many potential links to terrorism here. the battlefield is now in the united states. i believe he is an enemy combatant. ultimately, he will be tried in a civilian court and the statements taken from him cannot be used against him in that trial. right now, the only links we have as much as chechnyan involvement in the islamic movement. are there other conspirators out there? where do th
they didn't give a miranda warning so the aclu is shouting about that. and of course, well-known southern bell lindsey graham, why isn't he being treated as an enemy combatant? that one to me -- >> what about benghazi? >> shut up. >> stephanie: i'll always have benghazi. it is my terror. no. >> i would never go thirsty again. i'll have another mint julep thank you. >> stephanie: the legal expert i heard this weekend said this is a nonstarter to treat him as enemy...
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Apr 22, 2013
04/13
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the miranda right can be read at a later time. >> reporter: lawmakers agree it's important to gather intelligence from him to save more american lives. that investigation continues. meantime the victims continue to mourn. this morning a private funeral for 29-year-old crystal campbell will be laid to rest just outside of boston. at 11:50 a.m. our time that is when a moment of silence will be held. live in the newsroom brian flores. >>> tonight runners in marin county will honor victims of the boston bombings. they will take part in a 2.5- mile race that begins at 6:45 at ross park. runners are encouraged to wear blue and yellow clothing. the official colors of the boston marathon. for more information on the boston bombings you can go to our website ktvu.com to see a special section with more details and information. >>> time is 6:03. the furloughs of air traffic controllers has started. tara moriarty is live at sfo now to tell us how travelers are reacting. tara. >> reporter: a lot of the passengers we have been speaking to this morning have been saying that congress needs to get it
the miranda right can be read at a later time. >> reporter: lawmakers agree it's important to gather intelligence from him to save more american lives. that investigation continues. meantime the victims continue to mourn. this morning a private funeral for 29-year-old crystal campbell will be laid to rest just outside of boston. at 11:50 a.m. our time that is when a moment of silence will be held. live in the newsroom brian flores. >>> tonight runners in marin county will honor...
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Apr 22, 2013
04/13
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how hard is it to reach somebody their miranda rights? they were talking about not reading his miranda rights. terror suspecthe enemyd be detained as an commabantant. guest: issue of the war on drugs -- the one not be addressed in this bill. .ocial security will be people use phony social security numbers. your card is pretty easy to forge. an effort to crack down on this. an expansion on the e-verify program. they will check you against existing social security databases to make sure you are work in the united states. your photo information will have to be shared with the database so they know it is you. some interesting propo w you protect your social security number. if you've just applied for a ob, you can in effect lock it so that no other employer can check it until you authorize it again. to try an important way to make it difficult for people not legally authorized to work in the united states to do that. the hope this is shuts off the magnets. people come here because they want to find jobs. the idea is to make it difficult to fi
how hard is it to reach somebody their miranda rights? they were talking about not reading his miranda rights. terror suspecthe enemyd be detained as an commabantant. guest: issue of the war on drugs -- the one not be addressed in this bill. .ocial security will be people use phony social security numbers. your card is pretty easy to forge. an effort to crack down on this. an expansion on the e-verify program. they will check you against existing social security databases to make sure you are...
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Apr 22, 2013
04/13
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. >> tsarnaev is being questioned without being given his miranda rights as a matter of public safety. >>> one byproduct of the events of last week is a certain sense of boston pride. it was on full display. yesterday as the bruins took part in their annual shirt off our backs ceremony. it's usually a carom for the fans. they asked the first responders to attend and gave them their jerseys. and there was neil diamond on saturday at fenway park. singing his "sweet caroline." as red sox fans sung along in unison. ♪ sweet caroline ♪ bum, bum, bum >> what a moment. >>> later in this half hour, details about the older brother's american wife. >>> and later on "good morning america," a closer look at any missed warning signs. >>> major breaking news from washington state. five people are dead in a shooting at an apartment complex in the town of federal way, south of seattle. a suspect was shot by police officers. he's believed to be the only shooter. no word yet from investigators on what led to the gunfire. this is a story we'll be tracking all morning. >>> a few of those displaced by
. >> tsarnaev is being questioned without being given his miranda rights as a matter of public safety. >>> one byproduct of the events of last week is a certain sense of boston pride. it was on full display. yesterday as the bruins took part in their annual shirt off our backs ceremony. it's usually a carom for the fans. they asked the first responders to attend and gave them their jerseys. and there was neil diamond on saturday at fenway park. singing his "sweet...
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Apr 22, 2013
04/13
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but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands of images, finding these two guys. is this a call now for more cameras in big cities? >> certainly. this is an evolution. i'm just back from london, which is probably the most failed city in the -- survveiled city in the world. we're getting money to put coordinated cameras, public safety cameras into new york. holding back most american cities now are funds. they're laying police officers. if they can't hire police, they don't have money for cameras. most of the images i saw related to the identification of these two kids were from private cameras, lord & taylor, diff
but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands...
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Apr 22, 2013
04/13
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should he be given miranda rights? should he be treated as an enemy combatant? that debate has started. give me the facts, first, what they'll do. >> this administration has made a policy decision here. first, that's number one. secondly, he cannot be tried as an enemy combatant in a military tribunal because that law was changed by the national defense authorization act of 2012 that says you can't do that to an american citizen. what some advocates, republicans, are saying such as lindsey graham are -- we understand, they say, we understand he's going to be tried in civilian court but start the questioning -- treat him as an enemy combatant under the law of war. question him by intelligence people. get all the intel you can. then turn him over to the civ civilian authorities. that's what they advocate. that's not going to happen, the administration has decided. he'll be questioned first by this special group set up in the last couple of years in terror cases called the high value detainee interrogation group, fbi cia, dod. they don't have a long time to do that
should he be given miranda rights? should he be treated as an enemy combatant? that debate has started. give me the facts, first, what they'll do. >> this administration has made a policy decision here. first, that's number one. secondly, he cannot be tried as an enemy combatant in a military tribunal because that law was changed by the national defense authorization act of 2012 that says you can't do that to an american citizen. what some advocates, republicans, are saying such as...
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Apr 22, 2013
04/13
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. >> while the obama administration has agreed to delay a reading of his miranda rights under a public safety exemption, secretary of defense chuck hagel has not seen evidence to link the bombings to terror groups. scrutiny turns to the fbi who reportedly questioned the older brother tamerlan in 2011 at the request of a foreign government. this is so interesting. of russia. the fbi told the a.p. despite interviewing him and relatives they did not find any activity. the agency dropped the ball. richard, i wonder if there is going to be a lot of questions and maybe even hearings out of this or what comes to mind just knowing those basic facts? >> there probably will be hearings of the fbi whether it learned more or could have done more. critics say that is monday morning quarterbacking. it ought to be about what we were talking about, what can we do to prevent or identify young people who are radicalized and how did we respond and how what did we learn about lockdowns. as the military would say it ought not to just focus on fbi. it's much bigger and much broader. we have to learn a lot f
. >> while the obama administration has agreed to delay a reading of his miranda rights under a public safety exemption, secretary of defense chuck hagel has not seen evidence to link the bombings to terror groups. scrutiny turns to the fbi who reportedly questioned the older brother tamerlan in 2011 at the request of a foreign government. this is so interesting. of russia. the fbi told the a.p. despite interviewing him and relatives they did not find any activity. the agency dropped the...
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Apr 22, 2013
04/13
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is supposed to have their miranda rights read to them. do you know if they actually read them the miranda rights? >> i don't know yet. presumably that may happen before there are charges. but there is a public safety exception where they can delay reading him his rights. as you know, there are all these calls to try him as an enemy combatant as opposed to within the criminal justice system, which seems to be what the obama administration will do. after all, he is a u.s. citizen. he carried out the crime on u.s. soil. and there doesn't seem to be a whole lot of legal basis to try him as enemy combatant, which is not to say there aren't going to be more calls particularly from the right to do just that. >> when in theory you have so much evidence on american soil, why tarnish the prosecution by going enemy combatant. if you have no backlash from anybody who says you didn't do it the right way. >> he stole a suspect. but clearly -- you've got to walk through the process, right? >> i was thinking this weekend, again, and i'm speculating, you
is supposed to have their miranda rights read to them. do you know if they actually read them the miranda rights? >> i don't know yet. presumably that may happen before there are charges. but there is a public safety exception where they can delay reading him his rights. as you know, there are all these calls to try him as an enemy combatant as opposed to within the criminal justice system, which seems to be what the obama administration will do. after all, he is a u.s. citizen. he...
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Apr 22, 2013
04/13
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. >> tsarnaev is being questioned without being given his miranda rights as a matter of public tors are looking overseas for answers specifically want to know more about the older tsarnaev, the brother, who recently went to russia and how that might have changed him. abc reporter is in dagestan where the family has roots. >> reporter: last year, tamerlan tsarnaev traveled here to his old home in a region home to an islamist uprising. investigators want to learn if it was during that trip he became radicalized. family who saw him then, told us they saw no signs of extremism. there was no feeling that he could be, his aunt said, it's not possible. she showed us photos of the suspects as young boys. they were very kind boys, she says. tamerlan came here to renew his passport. the aunt says he stayed to train as a boxer. she said he prayed at the mosque on fridays but denied they fought over religion. we would debate with him. but not fighting. tamerlan spent six months and visited chechnya three times to visit family and also choosing to fly home from the chechen capital. younger brother,
. >> tsarnaev is being questioned without being given his miranda rights as a matter of public tors are looking overseas for answers specifically want to know more about the older tsarnaev, the brother, who recently went to russia and how that might have changed him. abc reporter is in dagestan where the family has roots. >> reporter: last year, tamerlan tsarnaev traveled here to his old home in a region home to an islamist uprising. investigators want to learn if it was during that...
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Apr 22, 2013
04/13
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CNNW
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he's not been read his miranda rights. people are familiar with what mie ran da means. when ever the police arrest somebody stla to tell them that they have the riepght to remain silent and anything they say can be used against them in court. that i plies when there's an immediate threat to the public safety or the offers doing t interrogation. you pointed out there's suspicions and maybe accomplices. we don't know if there were other devices. certainly the fi by is remieing on a lot of what we know. >> you've cut to the very heart of the first and maybe biggest controversy is whether he should be read his rights or encouraged to speak as freely as possible without an attorney present. that's the other part of the miranda proses. the part that you have the right to an attorney. they don't particularly want him to have an attorney right now. >> mie ran y rairanda was invok protect rights. it can impede an investigation but it's to provide personalization and due process. the supreme court was careful in 1984 to charve out this exception to that says if there's an immedia
he's not been read his miranda rights. people are familiar with what mie ran da means. when ever the police arrest somebody stla to tell them that they have the riepght to remain silent and anything they say can be used against them in court. that i plies when there's an immediate threat to the public safety or the offers doing t interrogation. you pointed out there's suspicions and maybe accomplices. we don't know if there were other devices. certainly the fi by is remieing on a lot of what we...
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the participation of any pearl possible further accomplices and of course we have to note that the miranda rights off tonight have been revoked the right and he has to remain silent as well as a right to a lawyer or being deny to him because officials are interested in being able to question him without being able to use this right and the fact that his miranda rights have been revoked is receiving major criticism throughout the united states and causing really a lot of debate civil rights groups are saying that he should be able to have these rights provided to him. a u.s. citizen being investigated in a criminal case but certainly this is not been the case officials are using the public safety clause and the criticism stems from the fact that they did say earlier that any immediate threat has been removed also it's important to mention that republican lawmakers in the united states have been suggest. that i have been treated as an enemy competence this is also been a topic of much debate because we are of course talking about a u.s. citizen or nine didn't become a naturalized citizen las
the participation of any pearl possible further accomplices and of course we have to note that the miranda rights off tonight have been revoked the right and he has to remain silent as well as a right to a lawyer or being deny to him because officials are interested in being able to question him without being able to use this right and the fact that his miranda rights have been revoked is receiving major criticism throughout the united states and causing really a lot of debate civil rights...